Sreekala B vs Kerala State Financial ...
2022 Latest Caselaw 11890 Ker

WP(C) No.41738/2022                            1/2


                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                            THE HONOURABLE MR.JUSTICE V.G.ARUN
         Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
                          W.P.(C) NO. 41738 OF 2022 ((N)
   PETITIONER:

          SREEKALA B., AGED 48 YEARS D/O BHANUMATI AMMA, INDEEVARAM,
          PANAMTHADIKONAM, PARASUVAIKKAL P.O., THIRUVANANTHAPURAM, PIN:
          695508.

   RESPONDENTS:

      1. KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS
         MANAGING DIRECTOR, BHADRATHA, MUSEUM ROAD THRISSUR, PIN 680020.
      2. MANAGER, UDIYANKULANGARA BRANCH, KERALA STATE FINANCIAL ENTERPRISES
         LTD., APARNA BUILDING, UDIYANKULANGARA, AMARAVILA P.O.,
         THIRUVANANDAPURAM - 695 122.
      3. SPECIAL DEPUTY THAHSILDAR (R.R.), KERALA STATE FINANCIAL ENTERPRISES
         LTD., AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA, THIRUVANANTHAPURAM,
         PIN 695121.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings in pursuance to Exhibit P6 for
   recovery of outstanding arrears in the subscriptions as well as chitty
   loans in chit no.3/2019 conducted by 2nd respondent by taking recourse to
   revenue recovery proceedings, pending disposal of the above Writ Petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.R.T.PRADEEP, M.BINDUDAS & K.C.HARISH, Advocates for the petitioner,
   STANDING COUNSEL for R1 & R2 (B/O) and the GOVERNMENT PLEADER for R3
   (B/O), the court passed the following:
                                    O R D E R

Admit.

Learned Standing Counsel takes notice for R1 and R2. Learned Government Pleader takes for R3.

Taking into account the submission that the petitioner has paid an amount of Rs.72,446/- in terms of the direction contained in Ext.P4 judgment and that the purchaser of the petitioner's property is coming from the Gulf during vacation and once purchase is took place, the petitioner will be able to pay substantial amount towards debt, the proposed revenue recovery proceedings shall be kept on hold till 06.01.2023.

Post on 06.01.2023.

                                                     Sd/- V.G.ARUN JUDGE


21-12-2022                       /True Copy/                          Assistant Registrar
 WP(C) No.41738/2022                 2/2

                       APPENDIX OF WP(C) 41738/2022
EXHIBIT P4            TRUE COPY OF THE JUDGMENT DATED 14.11.2022 IN
                      W.P.(C)NO.36193/2022.
Exhibit P6            TRUE COPY OF THE COMMUNICATION DATED 9.12.2022

DECLINING TO GRANT 3 MONTHS' TIME TO PAY OFF THE ENTIRE AMOUNT WHICH IS ISSUED BY THE CHIEF MANAGER (RECOVERY) OF 1ST RESPONDENT TO THE PETITIONER.